, 1887-12-21

pOIUI b meeting H( II place III question: U tranSaCtInp the
business. and have to write on the application a notice of the
time at which the meeting will be held and also q summons
to the persons concerned to be present at the same. The apph-
cation, with these inscriptions upon it, must thereupon be
made known by the person who has requested the inspection,
either through the ordinary citerers or two other respectable
persons, to the other party. in such a way that he gets at least
&wice "a hours notice. Any persnn who is lawfully summoned
ascribe it to himself if the case is decided without any regard
being taken to the special considerations which he might have
At the meeting, the surveyors, who are to lie furm he'd by
the POicemastrr with q Protocol TO be authorised by the iovern.
ment and lodged at the Police Ofnce, must make lit a MA ter of
O 0mse3" en- " p'toe n .e case clear'y oetore 'he parties con
cerhed ana TO try TO orlng about an agreement between them,
where that can be done.
If an agreement is arrived at, it is to be entered i'm the
Protocol aud signed by the persons concerned. If no agree
ment can DO arrived at, the case must be taken up for award,
which must be given as SOON as possible, latest within the
course of days, and must he entered, with the grounds on
which it is based, in the Protocol, and must also be signed by
the surveyors. Ar the conclusion of each meeting the Protocol
must De Sign9d by the surveyors and also by the parties to the
case 80 far as they hsve been present. Should anyone refuse
TO sign, the surveyors are to note the fact in the Protocol as we'll
as the reason pleaded for the refusal.
Should any OF the parties, during the discussion of Che case
before tue surveyors, insist that any Of the points coming
under consideration. i'll the settling of the Cd =, ought, by vir.
tue OF a special right or title, to be settled in a ~ erent manner
from what is prescribed III the Ordinance of 9th il " 1886 and
the present Bylaw, the question raised, unless the parties con.
cerncd can agree to leave it &c the decision of the surveyors,
must be brought before the Courts. In that case a suitable
time is allowed to the person concerned, within which he is to-
lay his complaint, and the case concerning the fencing is, more.
over, postponed in con ,equence until fnal Judgment is giveuy
unless the party concet"ed omitS to lay his complaint and prose
cute his suit in time, in which case the case concerning the
fencing is to be proceeded with in the usual way, as if the right
upon which he had insisted had been set aside by the Courts.
There must, however, ia such case be entered in the award an
express reservation, that lie is free, should he later win his
cult before the Courts, to demand that the fencing case shall
be taken up afresh at his own cost.
II.
Whether the case is settled by agreement or by award, the
statement of the settlement arrived at must contain, in each
of the aforementioned cases, calculations concerning The points
brought forward under each respectively:
l. When q new fence is to be erected: concerning the height
of The fence and its other qualities, also by whom and within
what time the prescribed work is TO he done, and how the
future maintenance of the fence is TO be arranged for, In
so far as the erection of the fence is taken over by one of
the lot owners, against compensation from he other, the
amount OF the compensation must be fixed and likewise the
time of payment.
.. When an older fence is to be altered or tn be replaced bv a
new fence: concerning the points mentioned under No. l.,
also what arrangements are to be made for the alteration or
removal of the older fence, who is to have he work under
this head done, and how far any compensation is to be Civ
en- by the neighbour, and, if so, TO what amount and when
to be paid.
3. When a dilapidated fence is TO be repaired: concerning by
whom and within what time the prescribed work is to be-
done.
With regard to a resurvey, when such is requested, the
rules laid down in s Ga are to be observed.
The first appointed re surveyor is to act as Chairman, and
where a majority cannot be obtained his vote decides the matter.
IA.
After a fencing case has been settled the Protocol is TO he
returned by the surveyors or re-surveyors to the Poicemaster.
On payment OF the usual fees, the POicemaster in bound to
furnish anyone who may request it, uii. extracts from the P.G
tocOi. The requested extract must be ready lat 81 & days after
it has been requested and the fec for it depo ted with the
POlicemaster.
Mutual agreements, which have been arrived at, without
the intervention of a survey, i'll regard to the kind
or renee aud its maintenance, the erection of q new fence
or the replacing of an old by a new fence, " len such
III question rs stated under IL, shall, on tho demand
OF either OF the parties concerned, be enlereU, by the direction
OF the POicemaster, iu the Pr0tocol and shall then have the
same efficacy as an agreement entered into before the SURVEYORS.
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